Castings Condominium Ass'n, Inc. v. Klein

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that relying on an “assumption” that the opposing party will not seek default judgment when there is no agreement is not a reasonable excuse for failing to respond to a complaint
• finding that a delay of three months did not constitute a prompt filing
• finding defendant’s averment that she “has a meritorious defense to the Complaint” and summary denial of any wrongdoing, insufficient to establish a meritorious defense
• noting petitioner “must plead an arguable meritorious defense sufficient to justify relief if proven”
• finding no reasonable excuse for delay in filing petition to open where appellant was aware that current counsel would not continue to represent her until he was paid overdue legal fees
• party seeking relief from default judgment cannot rely on opponent’s silence as a reasonable excuse for its own mistake regarding necessity of action

Source: CourtListener parenthetical corpus (CC0).